The Socio-Economic Rights and Accountability Project has called on the former Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, to “immediately enforce the judgment compelling and directing him and President Bola Tinubu to widely publish the names of those indicted in the alleged misappropriation of N6 trillion meant to implement the abandoned 13,777 projects and in the running of the Niger Delta Development Commission between 2000 and 2019.”
The directive stems from a ruling delivered on Monday, 10 November, by Hon. Justice Gladys Olotu, following a Freedom of Information suit (number: FHC/ABJ/CS/1360/2021) filed by SERAP.
The court also ordered Fagbemi and the president “to publish and make available to the public the NDDC forensic audit report submitted to the federal government on September 2, 2021.”
In a letter dated 13 December 2025, signed by SERAP deputy director Kolawole Oluwadare, the organization condemned the delay in implementing the court’s orders, stating, “The continuing failure and/or refusal to publicly acknowledge the judgment and immediately enforce it makes a mockery of the country’s legal and judicial processes and the rule of law.”
SERAP further emphasized, “Section 287(1) of the Nigeria Constitution 1999 [as amended] provides that the decisions of Nigerian courts shall be enforced in any part of the Federation by all authorities and persons.’ This constitutional provision admits no exception and leaves no ambiguity.”
The group warned that the ongoing inaction constitutes “a fundamental breach of both the letter and spirit of the Nigerian Constitution and a direct assault on the rule of law.”
The letter continued, “The continuing failure to immediately obey Justice Olotu’s judgment exposes responsible officials to contempt proceedings, including personal liability.”
“Obeying the judgment would reinforce the primacy of the Nigerian Constitution, and the country’s international obligations and show respect for the rule of law,” SERAP added.
The organization reminded Fagbemi of his responsibilities as the Chief Law Officer of the Federation, saying, “The Attorney General is the Chief Law Officer of the Federation and as such has the responsibility to uphold the Nigerian Constitution, advise the government to ensure that its actions conform with judicial decisions, obey the rule of law and generally act in the public interest.”
SERAP expressed concern over the government’s refusal to act, stating, “Despite the clarity and binding nature of the Court’s judgment and the service of the judgment on you and the president, you have failed, neglected, and/or refused to comply with the judgment. Justice Olotu’s judgment is not advisory; it is final, binding, and immediately enforceable against you and President Tinubu.”
The organization argued that this inaction perpetuates corruption, “SERAP is concerned that the continuing failure by you and President Tinubu to obey the court judgment is contributing to ongoing corruption and impunity of perpetrators in ministries, departments and agencies [MDAs].”
It also highlighted the international implications, noting, “The continuing failure and/or refusal by you to enforce legally binding judgment of the court and to advise President Tinubu to implement the judgment is also entirely inconsistent and incompatible with Nigeria’s international human rights obligations.”
“The Attorney General and the government under which you serve cannot take the court, which is the guardian of justice in this country, for a ride. Obeying the court judgment would go a long way in protecting the integrity of Nigeria’s legal and judicial systems,” SERAP said.
The organization stressed that compliance would signal commitment to accountability, “By immediately complying with the judgment, you and President Tinubu will show Nigerians that the administration is willing and able to end many years of brazen impunity for corruption in the country.”
It added that immediate enforcement would help restore public trust, “Immediately implementing the judgment will also restore public trust and confidence in the ability of the Tinubu administration to respect the rule of law and contribute to the efforts to improve transparency and accountability in the management of Nigeria’s wealth and natural resources, including in the NDDC.”
SERAP cited a Supreme Court ruling, noting: “As the Supreme Court eloquently stated in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621, ‘The rule of law presupposes that the state is subject to the law. The government should be the first to obey the law.’”
“The Court also held that a government that disobeys court orders ‘invites anarchy.’”
The group requested urgent action, stating, “We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider pursuing contempt proceedings against you to compel you to uphold the Nigerian Constitution and the rule of law.”
Justice Olotu, in her judgment, had stated, “The forensic audit report of the Niger Delta Development Commission (NDDC), as well as the names of persons indicted therein, clearly fall within the definition of ‘public records’ as contained in Section 31 of the Freedom of Information Act.”
She further emphasized, “NDDC forensic audit report and the names of persons indicted therein are not exempted under Sections 11-19, as the information relates to the use and management of public funds.”
The judge said, “The refusal of the president and the Attorney General to publish the audit report or act on the allegations therein, despite formal demand by SERAP constitutes a breach of their statutory duties under the Freedom of Information Act, Section 15(5) of the Nigerian Constitution and Nigeria’s international obligations to promote transparency and accountability.”
SERAP concluded by referencing President Tinubu’s promises, noting, “SERAP notes the recent public commitments by President Tinubu to ‘improve the welfare of the Niger Delta region and address the challenges facing the region.’ Immediately enforcing the NDDC judgment would ensure the fulfilment of these commitments.”
